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Top 4 employment visas
1. Understanding
The Top 4 Employment Visas
Priya Alagiri, Esq.
The Alagiri Immigration Law Firm
www.alagirilaw.com
The Alagiri Immigration Law Firm priya@alagirilaw.com
2. B-1 Business Visitor Visas
• For foreign nationals coming to the U.S.
to conduct business activities
• Gainful employment not permitted
• What are permissible business activities?
Negotiating contracts
Developing business relationships
Attending
conferences, seminars, meetings, etc.
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
3. B-1 Business Visitor Visas (cont.)
• Requirements:
No intention of abandoning foreign residence
No salary from a U.S. source
• Can the B-1 visa be used by foreign
entrepreneurs?
Yes! Can be used to come to U.S. to meet
investors, scope out office space, meet with
potential customers, open bank account, etc.
Startup Incubator/Accelerator Programs
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
4. H-1B Visas
• For foreign nationals coming temporarily to
U.S. to work in a specialty occupation
• Requires U.S. Bachelor’s Degree or higher
Equivalencies accepted
Degree must be in a specialized field
Degree must be related to H-1B occupation
• Visa granted for 3 years for a maximum of 6
years, with some exceptions
• Dual-intent visa
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
5. H-1B Visas (cont.)
• Number of H-1B visas issued is capped at
65,000 per fiscal year
6,800 H-1B visas are reserved for foreign
nationals of Chile and Singapore
• Additional 20,000 H-1B visas available to
foreign nationals with Masters Degrees
or higher from a U.S. university
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
6. H-1B Visas (cont.)
• Requirements for Employers:
File Labor Condition Application with
Department of Labor
Pay prevailing wage for position or employer’s
actual wage, whichever is higher
Provide notice to workers of intent to hire H-
1B employee
Provide same benefits to H-1B employee as to
other employees
Must generally pay H-1B fees
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
7. H-1B Visas (cont.)
• Can startups/small companies sponsor
H1B employees?
Yes, but highly scrutinized and much more
documentation required
• Can foreign entrepreneurs/founders
apply for H1B visas?
In theory, yes. USCIS August 2011 Memo.
Employer-Employee Relationship required
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
8. L-1 Visas
• For foreign nationals seeking a transfer from
foreign company to U.S. affiliate company
• Two categories
L-1A – Managers/Executives (7 years)
L-1B – Specialized knowledge employees (5 years)
• Requirements:
U.S. company must be related to foreign company, i.e.
branch, subsidiary, parent or affiliate
Foreign national must have worked for foreign
company for at least 1 continuous year out of last 3
years
Coming to work as a Manager or Executive or as a
Specialized Knowledge Employee
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
9. L-1 Visas (cont.)
• Can the L-1 visa be used to startup a
company in the U.S.?
Yes. Special provision allows opening of new
office
New office defined as company doing
business in U.S. for less than one year
Visa granted for 1 year
Physical premises required
Must meet all other L-1 requirements
Heavily scrutinized
Requires extensive documentation
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
10. L-1 Visas (cont.)
• Bachelor’s Degree not required
• No minimum prevailing wage requirements
• Dual-intent visa
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
11. E-2 Investor Visas
• For foreign nationals from E-2 treaty
countries coming to U.S. to direct and
develop business in which they have
invested in
Over 80 E-2 treaty countries, including most
Western European countries
List of treaty countries at www.state.gov
• E-2 visa holders admitted for 2 years
Visa can be renewed indefinitely
• Non-dual intent visa
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
12. E-2 Investor Visas (cont.)
• Requirements of E-2 visa:
Investor must be national of E-2 treaty country
Business must be at least 50% owned by foreign
national (or foreign corporation) from treaty
country
Investment must be substantial
Investment must be at risk
Principal Investor must be coming to U.S. to
develop and direct business
E-2 employees must be Executive, Manager or
Highly-Skilled, Essential Employees
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
13. E-2 Investor Visas (cont.)
• Can E-2 visas be used for startups?
Yes! Intended for foreign nationals to start a
business in U.S.
For small businesses, the lower the cost of
the business, the higher the investment
required in order to be considered substantial
Marginal businesses not permitted (i.e.
business must generate more than minimal
living income for investor and family)
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com